Subject Matter Jx Flashcards

1
Q

Due Process - Personal Jx Requires:

A

Notice [=Service of Process = CPLR 308]
AND
Jurisdictional Basis
- = The Connection to NYS
- =CPLR 301 or 302

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What kinds of Jx are required to maintain an action?

A

Subject Matter Jx
- the authority of the court to render a decision that must be obeyed

Personal Jx
- the authority of the court over the parties that it is ordering around
- - Jx Basis
- - Good Service

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Personal Jx - Authority of the courts to order parties to do things [or not do things]. You need BOTH:
1. Personal Jx based on Service of Process: Hauling defendants into court by following the Xtechnical requirements of CPLR 308[Service] NOT TODAY

AND

  1. Jx Base in NYS: Sufficient contact with NYS - either:
    a. General Jx - CPLR 301 [Present in NYS]
    OR
    b. Long Arm [Specific] Jx - CPLR 302
    OR
    C. In Rem Jx
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly